Supreme Court Remands Appeal In 1964 Suit To High Court For Fresh Decision After 16 Years

Case: Farooqi Begum through legal representatives vs State of Uttar Pradesh

Coram: Justices S Abdul Nazeer and Vikram Nath

Case No.: CIVIL APPEAL NO. 1534 of 2009

Court Observation: “The courts below have proceeded on assumptions and presumptions to hold in favour of the State on the question of possession and to decree the suit”

“We have given our anxious consideration to the arguments advanced and are of the view that the High Court fell in error in not taking into consideration the relevant material and instead relying upon inadmissible evidence or evidence which had no bearing to the findings. Even the burden had been wrongly placed on the defendant ­appellant. Further, the High Court ought to have carefully scrutinized the evidence available on record and only thereafter arrived at a conclusion”

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Keywords

Remands Appeal, Decision After 16 Years, 1964 Suit